Michael McCarthy (Cork South West, Labour)
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To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the stance taken by the European Commissioner for the Environment in response to written question E-9725/2010 regarding the extension of the slurry season in Ireland into the closed period because of poor growth rates, and regarding the consequences of frequent occurrence of heavy rainfall; and if he will make a statement on the matter. [41448/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I am aware of the Commissioner’s response to that question.

In view of the exceptional weather conditions experienced in Ireland this summer, I decided to grant an extension to the period during which chemical fertiliser may be applied. The closed period for chemical fertiliser will now commence on 1 October 2012 instead of 15 September 2012. I also decided to extend the period for spreading livestock manures produced on farms. In this instance, the closed period was due to start on 15 October 2012 but will not now commence until 1 November 2012.

I took these complementary decisions early in September to provide certainty to farmers so that they could plan ahead to minimize the impact of an emerging fodder crisis by facilitating extended autumn grazing, and to optimize the management of manure disposal on their farms.

The commencement of the closed periods has been deferred by two weeks. All other conditions of the Nitrates Regulations continue to apply, including the suitability of weather and ground conditions. The question of allowing fertilizer application when occasional periods of good weather arise during the closed periods does not arise.

The Department of Agriculture, Food and the Marine is working closely with farm advisors to ensure that appropriate advice on conditions for spreading is reinforced at local level.

Michael McCarthy (Cork South West, Labour)
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To ask the Minister for Environment, Community and Local Government his views regarding the setback distances for chemical fertilisers and exemptions from the larger buffer distances that apply when spreading organic fertilizer or soiled water adjacent to sources of water for human consumption, 200/100/25 metres; and if he will make a statement on the matter. [41449/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The setback distances for chemical fertilisers and exemptions from the larger buffer distances that apply when spreading organic fertiliser or soiled water adjacent to drinking water abstraction points are set out in Ireland’s Nitrates Action Programme. This Programme is given effect by the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2010.

The setback distance for the application of chemical fertiliser to land in the vicinity of a watercourse was increased to 2 metres in 2010 following a review of the first Nitrates Action Programme. This was on the recommendation of the independently chaired Expert Advisory Group that was appointed to advise on measures to be included in the current Programme. The prescribed distance of 2 metres is in line with similar requirements in England and Northern Ireland.

On the advice of the Expert Advisory Group, exemptions from prescribed buffer distances for the spreading of organic fertiliser or soiled water were also introduced following this review. The Group considered that the fixed buffer zone approach was not the most efficient in achieving the required protection of drinking water sources and that provision should be made for a case by case examination. Setback distances may only be decreased where a local authority has completed a technical assessment of conditions in the vicinity of an abstraction point. The technical assessment must be carried out in accordance with guidelines issued by the Environmental Protection Agency.